By Clark                                              H.B. No. 1790
         77R1261 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the requirement of notifying the parent or guardian of
 1-3     a child who is referred to juvenile court but who is not taken into
 1-4     custody.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 52.04, Family Code, is amended by amending
 1-7     the section heading to read as follows:
 1-8           Sec. 52.04.  REFERRAL TO JUVENILE COURT; NOTICE TO PARENTS.
 1-9           SECTION 2. Section 52.04, Family Code, is amended by adding
1-10     Subsection (d) to read as follows:
1-11           (d)  On referral of the case of a child who has not been
1-12     taken into custody to the office or official designated by the
1-13     juvenile court, the person or agency making the referral shall
1-14     promptly give notice of the referral and a statement of the reason
1-15     for the referral to the child's parent, guardian, or custodian.
1-16           SECTION 3. This Act takes effect September 1, 2001, and
1-17     applies only to a referral based on conduct that occurs on or after
1-18     that date.  A referral based on conduct that occurs before the
1-19     effective date of this Act is covered by the law in effect at the
1-20     time the conduct occurred, and the former law is continued in
1-21     effect for that purpose.  For purposes of this section, conduct
1-22     violating a penal law of the state occurred before the effective
1-23     date of this Act if any element of the violation occurred before
1-24     that date.